Dai (Migration)
Case
•
[2020] AATA 5068
•22 September 2020
Details
AGLC
Case
Decision Date
Dai (Migration) [2020] AATA 5068
[2020] AATA 5068
22 September 2020
CaseChat Overview and Summary
The Administrative Appeals Tribunal considered an application for review concerning a Subclass 115 (Remaining Relative) visa. The applicant sought to have a decision not to grant the visa set aside. A key issue in the original decision was the absence of an Assurance of Support.
The Tribunal was required to determine whether the visa applicant met the prescribed criteria for the Subclass 115 visa, specifically in light of the missing Assurance of Support. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses for which they might have been eligible.
The Tribunal affirmed the original decision, finding that the visa applicant did not meet the criteria for the Subclass 115 visa. The Tribunal also concluded that there was no material before it that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses. Consequently, the Tribunal affirmed the decision not to grant the visa.
The Tribunal was required to determine whether the visa applicant met the prescribed criteria for the Subclass 115 visa, specifically in light of the missing Assurance of Support. The Tribunal also considered whether the applicant met the criteria for any other visa subclasses for which they might have been eligible.
The Tribunal affirmed the original decision, finding that the visa applicant did not meet the criteria for the Subclass 115 visa. The Tribunal also concluded that there was no material before it that would permit a finding that the applicant met the prescribed criteria for any other visa subclasses. Consequently, the Tribunal affirmed the decision not to grant the visa.
Details
Key Legal Topics
Areas of Law
-
Immigration
-
Administrative Law
Legal Concepts
-
Judicial Review
-
Natural Justice
-
Procedural Fairness
-
Statutory Construction
Actions
Download as PDF
Download as Word Document
Citations
Dai (Migration) [2020] AATA 5068
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0